Jack Smith plans to continue two criminal cases against Donald J. Trump until Inauguration Day if the former president wins, according to a person familiar with his thinking.
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The special counsel Jack Smith believes that under Justice Department regulations, his mandate and his authority to keep cases going do not depend on a change of administration, a person familiar with his thinking said.
The special counsel Jack Smith plans to pursue his two criminal cases against former President Donald J. Trump through the election and even up until Inauguration Day if Mr. Trump wins the presidential race, according to a person familiar with Mr. Smith’s thinking.
Mr. Smith believes that under Justice Department regulations, his mandate as special counsel and his authority to keep the cases going do not depend on a change of administration and extend until he is formally removed from his post, the person said.
As a practical matter, that means that the special counsel’s office is prepared to push forward for as long as possible on the two indictments it has filed against Mr. Trump. One of those, brought in Washington, has accused the former president of plotting to subvert the 2020 election. The other, filed in Florida, has charged Mr. Trump with holding on to a trove of highly sensitive classified documents after he left office and then obstructing the government’s repeated efforts to retrieve them.
Mr. Smith’s decision to keep the cases going, reported earlier by The Washington Post, comes as a landmark Supreme Court ruling on executive immunity this week has effectively postponed the election interference case until after voters go to the polls in November.
At the same time, Judge Aileen M. Cannon, who is overseeing the classified documents case in Florida, has declined to set a trial date as she grapples with an ever-expanding constellation of legal issues and court hearings.
A spokesman for Mr. Smith declined to comment about his plans for the two cases.
It is not unusual that a special counsel like Mr. Smith would seek to continue prosecuting cases under his command even after a change of presidential administrations. The Justice Department regulations governing special counsels give prosecutors like him day-to-day independence from the attorneys general who appointed them.
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Source: nytimes.com
